Omprakash Gupta @ Omprakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71560 of 2023 Arising Out of PS. Case No.-320 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== 1.

OMPRAKASH GUPTA @ OMPRAKASH SAH S/O DINANATH SAH RESIDENT OF SARYU SINGH SUNDAR CHOWK, POSTRAMNAGAR, PS. RAMNAGAR, MAUZA- NAIRNAPUR, DURGAPUR, WEST CHAMPARAN, BIHAR 2.

CHANDA DEVI W/O OMPRAKASH GUPTA @ OMPRAKASH SAH RESIDENT OF SARYU SINGH SUNDAR CHOWK, POSTRAMNAGAR, PS. RAMNAGAR, MAUZA- NAIRNAPUR, DURGAPUR, WEST CHAMPARAN, BIHAR ... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Prabhakar For the Opposite Party/s :

Mrs. Madhuri Lata For the Informant :

Mrs. Syed Alamdar Hussain Mr. Shashi Bhushan Mr. Prem Kumar Mr. Alok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-04-2024 Heard learned counsel for the petitioners, learned counsel for the informant as well as learned Additional Public Prosecutor for the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406, 419, 420, 34 of the Indian Penal Code.

3. As per the FIR, the petitioners took Rs.12 lakhs consideration amount from the informant for the purpose of executing sale deed of a piece of land and a constructed house in

Patna High Court CR. MISC. No.71560 of 2023(6) dt.18-04-2024 2/3 favour of the informant. It is alleged that the petitioners neither executed the sale deed nor returned the aforesaid amount.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioners. He further submits that it is a case of pure civil dispute between the parties. Petitioners have one criminal antecedent, which is also mentioned in the supplementary affidavit filed by the learned counsel for the petitioners.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail by submitting that there is specific allegation against the petitioners to commit fraud and forgery with the informant.

6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in

Patna High Court CR. MISC. No.71560 of 2023(6) dt.18-04-2024 3/3 connection with Ramnagar P.S. Case No.320 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T